Bimla Devi vs State Of Bihar And Ors

The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner and Mr. Kumar Alok, learned Standing Counsel 7 along with Mr. Vijai Bharti,

learned AC to SC 7, for the State.

The petitioner has moved the Court for the following reliefs:-

“For issuance of a writ in the nature of certiorari for setting aside the Letter dated 23.07.2020 and 27.07.2020 contained in Letter Nos. 4579 and

1046 issued under the signature of Respondent Nos. 3 and 5 by which the petitioner has been removed from the post of Mukhiya in terms of Section

18(5) of the Panchayati Raj Act without considering the show cause and the plea taken by the petitioner and further for issuance of a writ in the

nature of Mandamus commanding the respondent authorities to not disturb the petitioner in discharging her duty as elected Mukhiya of Gram

Panchayat Raj Benipatti and further for any other relief/reliefs for which the petitioner is entitled to in the facts and circumstances of the case.â€​

The short point canvassed by learned counsel for the petitioner was that she has been visited with the extreme order of removal from the post of

Mukhiya of Benipatti Gram Panchayat in the District of Madhubani on the basis of allegation that nine cheques signed by her and the Panchayat

Secretary for a total amount of Rs. 79 lakhs had been illegally encashed in violation of all statutory provisions and instructions.

Learned counsel submitted that the entire allegation revolves around fraudulent encashment through those nine cheques on which the petitioner also

is said to have signed, but in reality the Panchayat Secretary is the custodian of the records and with whom all documents, including the cheque-book

and the pass-book, are kept and he has himself admitted that the cheques were stolen by another co-accused who had developed close relationship

with him and used to come to his house, and had stolen those cheques and also that the signatures were forged and fabricated. It was submitted that

the petitioner in her reply to the show cause notice, both before the District Magistrate, Madhubani as well as the Additional Chief Secretary,

Panchayati Raj Department, Government of Bihar had taken a categorical stand that she was ready for the verification of the signatures on the

cheques by any expert. It was submitted that despite that, only on unfounded presumption that the cheques which had fraudulently been encashed also

bore the signatures of the petitioner, she has been removed from her post. It was submitted that the petitioner had further indicated that the bank

officials honouring the cheques when the signatures were forged, indicated a conspiracy at the level of the bank also. However, it was submitted that

in a matter in which the petitioner is absolutely innocent, as there was no occasion for her to go through the updated pass-book or be aware of nine

cheques being stolen from the cheque-book by which, after forging her signatures, money was withdrawn, she has been punished in a manner where

the basic principles of fair play and natural justice have been violated in the sense that the sole defence of the petitioner of her signatures being forged

were required to be scrutinized by an expert which has not been done despite specific request by the petitioner.

On earlier occasion, learned counsel for the State had fairly stated that he would be required to take instructions. Today, it is not disputed by him

that the petitioner had made such request and that the authorities have not got the signatures examined by an expert. Thus, he submitted that without

accepting the innocence of the petitioner, at this stage, the authorities were open to the matter being remanded for fresh consideration after getting the

signatures on the so-called fraudulently withdrawn cheques examined by an expert.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the writ petition stands disposed off

in the following agreed terms:-

(a) The orders impugned, by which the petitioner has been removed from her post of Mukhiya of Benipatti Gram Panchayat in the district of

Madhubani passed by the respondent no. 2 dated 23.07.2020 and the consequential order passed by the respondent no. 5 dated 27.07.2020, stand set

aside. The matter is remanded to respondent no. 2 for passing fresh order after undergoing the following exercise.

(b) The Superintendent of Police, Madhubani shall file a petition before the Court concerned, if the original cheques are lying in the custody of the

Court, for being given legible certified copies of the same. The same shall be complied with, in ten days from today and the Court shall provide such

copies to the Superintendent of Police, Madhubani or his authorized representative within four working days of such application being filed and moved

by the learned Additional Public Prosecutor concerned. Alternatively, if it transpires that the original cheques are in the custody of the District Police,

the Superintendent of Police, Madhubani shall get legible copies made and attest the same. This shall be done within two weeks from today.

(c) The petitioner shall appear before the Superintendent of Police, Madhubani on 17th December, 2020 at 11.30 A.M. in his official chamber and put

her signature on 10 separate sheets of paper in his presence. The Superintendent of Police, Madhubani shall attest the same.

(d) The Superintendent of Police, Madhubani shall also get the records of the concerned Gram Panchayat and will get legible copies of five admitted

signatures made by the petitioner available on the official documents so as to ensure that she does not sign in a different way while giving specimen

signatures. The same shall also be attested by him. He shall also obtain legible copy of the petitioner’s signature available with the bank concerned

of the account in question which shall be duly attested by the Branch Manager of the Bank. Such exercise shall also be completed within two weeks

from today.

(e) Upon the same being done, the Superintendent of Police, Madhubani shall send the certified copy/attested copies, as the case may be, of the nine

cheques in question, the ten specimen signatures taken on ten different papers duly attested, the attested five copies of her signature from the official

Gram Panchayat records and the attested copy of her signature in the bank account, to the State Forensic Laboratory, Patna and the Director of the

State Forensic Science Laboratory shall ensure that within three weeks from receipt of such request from the Superintendent of Police, a report is

submitted after comparing the signatures of the petitioner on all the aforesaid documents, with specific opinion with regard to whether the signatures

of the petitioner on the nine cheques in question were made by her.

(f) The Director, State Forensic Science Laboratory, Patna, shall send such report directly to the Additional Chief Secretary, Panchayati Raj

Department, Government of Bihar, respondent no. 2.

For the purpose of convenience, the Superintendent of Police, Madhubani is added as respondent no. 8 and the Director, State Forensic Science

Laboratory, Bihar, Patna as respondent no. 9.

Learned SC 7 accepts notice on behalf of newly added respondents 8 and 9 also.

Upon receipt of the report, the respondent no. 2 shall give one opportunity of hearing to the petitioner and, thereafter, a detailed and reasoned fresh

order shall be passed by the respondent no. 2, preferably within two months from the date of receipt of the Forensic Report.

It goes without saying that upon the orders impugned being set aside, the petitioner stands reinstated as Mukhiya of Benipatti Gram Panchayat in

the District of Madhubani.

It shall be open to the petitioner to file any further reply to the show cause notice, if so desired, within the time fixed by the respondent no. 2.